A subpoena issued by a clerk of court under this article shall be served in compliance with the applicable statutes of the Commonwealth for service of a subpoena.
§ 8.01-412.11.Service of subpoena.
Chapter 14. Evidence · Article 6.2. Uniform Interstate Depositions and Discovery Act · Last amended 2009 · Last verified July 16, 2026
In one sentenceThis one-sentence provision requires that a subpoena issued by a Virginia clerk under this article be served the same way any other Virginia subpoena is served, applying the Commonwealth’s ordinary service-of-process statutes rather than creating a special procedure for interstate discovery subpoenas.
Full Text of § 8.01-412.11
Plain-English Summary
Once a Virginia clerk issues a subpoena based on a foreign subpoena, the process of getting it into the hands of the person named does not change just because the underlying case is pending somewhere else. Section 8.01-412.11 keeps things simple by requiring that the subpoena be served in compliance with the applicable Virginia statutes governing service of a subpoena.
The effect is to fold interstate discovery subpoenas seamlessly into Virginia’s existing service framework, rather than layering a separate set of service rules on top of the uniform act. Anyone serving one of these subpoenas follows the same rules, and the same sheriffs or process servers, used for any other Virginia subpoena.
Frequently Asked Questions
Does a subpoena issued under the interstate discovery act require special service procedures?
No, it must be served in compliance with the applicable statutes of the Commonwealth for service of a subpoena — the same rules that apply generally.
Who serves a subpoena issued under this article?
The section does not create a special servicer; it directs that service follow Virginia’s applicable service-of-subpoena statutes.
Does the foreign jurisdiction’s service rules apply instead of Virginia’s?
No, once the Virginia clerk issues the subpoena, Virginia’s own service statutes govern how it is served.
Why does this section exist if it just points to existing Virginia law?
It confirms that a subpoena issued under this uniform act is not treated differently for service purposes, avoiding any ambiguity about which state’s service rules apply.
Does this section apply to the foreign subpoena itself, or only the Virginia subpoena issued from it?
It applies to the subpoena issued by a clerk of court under this article, meaning the Virginia subpoena generated from the foreign subpoena.
Amendment History
2009, c. 701.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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